Digital Commons Network^™

Wildlife Crime In The Game Reserves Of South Africa, Greg Warchol, Brian Johnson

Greg Warchol

No abstract provided.

The European Court Of Human Rights Ruling Against Britain's Policy Of Keeping Fingerprints & Dna Samples Of Criminal Suspects, K. Michael, Clive Harfield

Clive Harfield

In England and Wales, the Police and Criminal Evidence Act 1984 (the PACE) contained powers for the taking of fingerprints, and samples in the form of deoxyribonucleic acid (DNA). In 2001, Section 64(1A) of the PACE was substituted with Section 82 of the Criminal Justice and Police Act. The change to legislation meant that a suspect of a crime would have their fingerprints and samples permanently stored on the police national computer (PNC) even after having been acquitted. This paper critically analyses the circumstances of the landmark case of S. AND MARPER V. THE UNITED KINGDOM in two different contexts …

The Obama Administration’S Policy Change Grants Asylum To Battered Women: Female Genital Mutilation Opens The Door For All Victims Of Domestic Violence, David Z. Ma

David Z Ma

ABSTRACT Throughout his Presidential campaign in 2008 and at his inauguration on January 20, 2009, President Obama repeatedly promised the American people one absolute: change. Change would come in many forms, and on April 13, 2009, change came to immigration law and to victims of domestic violence. President Obama’s administration filed a supplemental appeal brief outlining its policies for victims of domestic violence seeking asylum in the U.S. This policy completely reversed the Bush administration’s position on the issue. Yet, how did this change come about? In the preceding decade before President Obama took office, the Board of Immigration Appeals …

Estimating The Impact Of The Death Penalty On Murder, John Donohue, Justin Wolfers

John Donohue

No abstract provided.

Judging Genes: Implications Of The Second Generation Of Genetic Tests In The Courtroom, Diane E. Hoffmann, Karen H. Rothenberg

Karen H. Rothenberg

The use of DNA tests for identification has revolutionized court proceedings in criminal and paternity cases. Now, requests by litigants to admit or compel a second generation of genetic tests – tests to confirm or predict genetic diseases and conditions – threaten to affect judicial decision-making in many more contexts. Unlike DNA tests for identification, these second generation tests may provide highly personal health and behavioral information about individuals and their relatives and will pose new challenges for trial court judges. This article reports on an original empirical study of how judges analyze these requests and uses the study results …

The Scarlet Gene: Behavioral Genetics, Criminal Law, And Racial And Ethnic Stigma, Karen H. Rothenberg, Alice Wang

Karen H. Rothenberg

Imagine that a scientist from the state university asks you and your family to participate in a study on a particular gene variant associated with alcoholism. The project focuses on your ethnic group, the Tracy Islanders, who have a higher incidence of alcoholism, as well as a higher incidence of the gene variant, than the general population. You will not be informed whether you have the gene variant, but your participation in the study might help scientists develop drugs to help individuals control their addiction to alcohol. You have a family history of alcoholism, and you are concerned that your …

Strengthening Security And Oversight At Biological Research Laboratories, Michael Greenberger

Michael Greenberger

With the advent of the Anthrax attacks in the fall of 2001, this Nation has been confronted with a serious policy conundrum. On the one hand, we have strengthened programs that encourage the use of our best scientific resources to develop countermeasures to the weaponization of highly dangerous biopathogens. On the other hand, research on those countermeasures requires the use of the very biopathogens we seek to defeat. There have been many mishaps in the handling of those pathogens, which raises the frightening prospect that the research may be as (or more) dangerous than the potential bioterrorist acts themselves. Indeed, …

What Documentary Films Teach Us About The Criminal Justice System - Introduction, Taunya Lovell Banks

Taunya Lovell Banks

Film . . . has been used effectively to shape public perceptions about the criminal justice system. . . . [and] the documentary form has power to convict or release a defendant, as well as to disclose the positive and negative aspects of the criminal justice system. . . . Three articles on this subject appear in this issue of the UNIVERSITY OF MARYLAND LAW JOURNAL OF RACE, RELIGION, GENDER AND CLASS and add to this body of scholarship. . . .Our goal was to foster a series of dialogues among and between a number of individuals: filmmakers....

Drug Policy Research, Jonathan P. Caulkins, Rosalie Liccardo Pacula

Rosalie Liccardo Pacula

No abstract provided.

Collateral Conflict: Employer Claims Of Rico Extortion Against Union Comprehensive Campaigns, James J. Brudney

James J. Brudney

Over the past 30 years, facing volatile economic conditions and complex corporate relationships, unions have mounted coordinated campaigns (aimed at consumers, public officials, lenders, the media, and the public) in order to help organize new workers and to renew collective bargaining relationships. These often high-profile campaigns have at times been quite successful. In response, employers since the late 1980s have invoked civil RICO’s broad language to claim that the campaigns constitute actionable extortion. When these employer claims survive a motion to dismiss, they carry the threat of treble damages, attorneys’ fees, and reputational harms associated with unions being labeled mobsters. …

Legal Bargaining Theory's New "Prospecting" Agenda: It May Be Social Science, But Is It News?, Robert J. Condlin

Robert J. Condlin

In the good old days legal bargaining scholarship was based mostly on negotiator war stories exuberantly told. The social-scientific study of the subject did not begin in earnest until the nineteen-seventies. Since then, however, the literature of storytelling has gone into a pronounced eclipse and social-scientific study is now the principal scholarly game in town. This article questions the wisdom of this shift, almost seismic in its proportions, and argues that it is too soon to jump on the social science bandwagon. Discussion focuses on the uses made of the Prospect Theory of Daniel Kahneman and Amos Tversky and the …

Multiculturalism: A Challenge For Modern Criminal Justice. A Latin American Perspective, Raúl A. Carnevali

Raúl A. Carnevali

Increased migratory flow has given rise to the formation of culturally heterogeneous societies, and with it the discussion of multicultural states. Specifically, what we call multiculturalism is presenting new challenges for criminal law, as certain conduct may be evaluated differently according to the cultural context of the perpetrator. In order to determine the scope of multiculturalism and exactly how criminal law should deal with the issue, it is necessary to examine the theses that address the typical problems of cultural diversity, specifically, liberalism and communitarianism. One can then understand what is meant by “culturally motivated crimes” and whether the key …

Toward A Theory Of Procedural Justice For Juveniles, Tamar R. Birckhead

Tamar R Birckhead

Courts and legislatures have long been reluctant to make use of the data, findings, and recommendations generated by other disciplines when determining questions of legal procedure affecting juveniles, particularly when the research has been produced by social scientists. However, given the United States Supreme Court’s recent invocation of developmental psychology in Roper v. Simmons, which invalidated the juvenile death penalty, there is reason to believe that such resistance is waning. In 2005 the Simmons Court found, inter alia, that based on research on adolescent development, juveniles are not as culpable as adults and, therefore, cannot be classified among the “worst …

How The Courts, Along With Public Dissatisfaction With The Status Quo, Ironically Aided In The Creation Of New Hollywood, Which Promoted Films Of Lawlessness, Disorder And Instability, Sam A. Blaustein

Sam A Blaustein

The period known as New Hollywood in American film was brought about by several seminal American legal decisions coupled with a growing dissatisfaction with the status quo. A series of First Amendment cases, along with the 1948 Paramount decision, forced Hollywood to produce graphic and existential films that showcased in unprecedented style the issues faced by the emerging disaffected youth generation.

Brave New World: The Use And Potential Misuse Of Dna Technology In Immigration Law, Janice D. Villiers

Janice D. Villiers

Deoxyribononucleic acid (“DNA”) technology revolutionized criminal law, family law and trust and estates practice. It is now revolutionizing immigration law. Currently DNA tests are not required, but may be recommended by the Department of Homeland Security when primary documentation such as marriage licenses, birth certificates and adoption papers are not available to prove the relationship between the U.S. citizen petitioner and the beneficiary who is seeking permanent resident status in the United States. DNA tests are attractive to the government as a means of countering fraud and because of administrative convenience, but adoption of a wholesale policy of DNA testing …

No Harm, No Foul? A Critique Of The Current Legal Framework Dealing With Impermissible Closing Appeals To Racial Bias, Paul Christopher Estaris Torio

Paul Christopher Estaris Torio

No Harm, No Foul? examines the friction that exists between the core legal principles of zealous advocacy and equality in one particular but prominent context: racial appeals in closing arguments. Specifically, the article evaluates the harmless error principle, which underpins the current framework for either upholding or overturning a lower court’s decision on the grounds of improper race-based summations, and its role in exacerbating this friction.

The author argues that because the overall structure of the harmless error test gives attorneys the incentive to use racial appeals in closing argument, perhaps the most influential stage of a trial, the entire …

Public Interest Litigation In India: Overreaching Or Underachieving?, Varun Gauri

Varun Gauri

Public interest litigation has historically been an innovative judicial procedure for enhancing the social and economic rights of disadvantaged and marginalized groups in India. In recent years, however, a number of criticisms of public interest litigation have emerged, including concerns related to separation of powers, judicial capacity, and inequality. These criticisms have tended to abstraction, and the sheer number of cases has complicated empirical assessments. This paper finds that public interest litigation cases constitute less than 1 percent of the overall case load. The paper argues that complaints related to concerns having to do with separation of powers are better …

Evidence In International Criminal Trials: Lessons And Contributions From The Special Court For Sierra Leone, Patrick Matthew Hassan-Morlai

Patrick Matthew Hassan-Morlai

The general aim of this paper is to contribute to the discourse on the development of a system of international criminal justice. In so doing, this paper will pay attention to one aspect – rules of evidence – and examine its role in ensuring the rights to fair trial. The examination is limited to discussing offences relating to the jurisdiction ratione materiae of the SCSL contained in Articles 2-5 of the SCSL Statute.

Proportionality And Prosecutorial Discretion: Challenges To The Constitutionality Of Georgia’S Death Penalty Laws And Procedures Amidst The Deficiencies Of The State’S Mandatory Appellate Review Structure, Kristen M. Nugent

Kristen Nugent

Following the U.S. Supreme Court’s recent denial of certiorari in Walker v. Georgia—in which Justice Stevens and Justice Thomas expressed sharply divergent interpretations of the Court’s precedent regarding the importance of a thorough proportionality review to Georgia’s capital sentencing scheme—the Court seems poised to reexamine the constitutional implications of Georgia’s death penalty statute and the manner in which it is implemented. In anticipation of such an analysis, and in order to advocate that the U.S. Supreme Court clarify its position in a way that aligns with its longstanding tradition of requiring moderation in the infliction of death, this article dissects …

Who's Afraid Of Law And The Emotions?, Kathryn Abrams, Hila Keren

Kathryn Abrams

No abstract provided.

12. Disclosure Of Child Sexual Abuse., Thomas D. Lyon, Elizabeth C. Ahern

Thomas D. Lyon

The Citizens Were Heard, Donna M. Hughes Dr.

Donna M. Hughes

High Crimes, Not Misdemeanors: Deterring The Production Of Unsafe Food, Rena I. Steinzor

Rena I. Steinzor

In the fall of 2008, Minnesota public health officials became alarmed by an unusually high number of illnesses and deaths caused by salmonella poisoning. Federal and state regulators and the news media eventually traced the outbreak back to products supplied by the Peanut Corporation of America (PCA). Employees shipped batches that tested positive for salmonella from a plant with a leaking roof, mold growing on ceilings and walls, rodent infestation, filthy processing receptacles, and feathers and feces in the air filtration system. Under an agreement with the Food and Drug Administration (FDA), Georgia state inspectors visited the PCA plant nine …

Are There Instructional Differences Between Fulltime And Parttime Faculty?, R. Eric Landrum

R. Eric Landrum

Using data from 8 academic departments and 361 courses taught during a semester, I examined differences between fulltime and parttime faculty in the areas of general demographic variables, student evaluation of teaching outcomes, and the distribution of grades earned. I expected fulltime faculty to exhibit higher teaching evaluations and less lenient grade distributions, yet neither hypothesis was supported. However, substantial differences exist in the support mechanisms provided to parttime and fulltime faculty. These results are discussed in the context of a growing national reliance on parttime faculty, and the potential implications of this trend.

Prisons Without Convicts: Why Similar Protections As Those Offered To Prison Inmates By The Constitution Should Be Extended To Immigrant Detainees, Paul Wayner

Paul Wayner

No abstract provided.

Criminal Insider Trading: Prosecution, Legislation, And Justification, Steven Brody

Steven Brody

Since the passage of the Securities Exchange Act of 1934, insider trading has been codified as a federal crime. For many years, however, civil cases were rare, and criminal prosecutions resulting in prison terms were nearly unheard of. Yet during the 1980’s, white collar crime—and insider trading in particular—became the subject of more public scrutiny than it had ever previously received. During this period, major developments occurred in the criminalization, prosecution, and sentencing of those who had committed securities fraud. High profile cases of inside traders like Ivan Boesky and Dennis Levine made targets of federal prosecutions household names and …

Dennis J. Baker, ‘Punishment Without A Crime: Is Preventive Detention Reconcilable With Justice?’ (2009) 34 Australian Journal Of Legal Philosophy 120, Dennis J. Baker

Dr. Dennis J Baker

In this paper, I argue that civil preventive detention is tolerable because it is the lesser of two evils. I argue that the serious sex offender is partially to blame for his preventive detention, because he offends, re-offends and refuses treatment whilst in prison with a full awareness of the potential preventive detention consequences. However, I question the fairness of extending an offender's penal sentence beyond what his or her past wrongdoing warrants. I argue that laws allowing dangerous offenders to be imprisoned beyond the length of their original sentences cannot be reconciled with the cardinal requirements of justice and …

Repression And Punishment In North Korea: Survey Evidence Of Prison Camp Experiences, Marcus Noland

Marcus Noland

The penal system has played a central role in the North Korean government's response to the country's profound economic and social changes. Two refugee surveys--one conducted in China, one in South Korea--document its changing role. The regime disproportionately targets politically suspect groups, particularly those involved in market-oriented economic activities. Levels of violence and deprivation do not appear to differ substantially between the infamous political prison camps, penitentiaries for felons, and labor camps used to incarcerate individuals for misdemeanors, including economic crimes. Substantial numbers of those incarcerated report experiencing deprivation with respect to food as well as public executions and other …

Preventing Racism, Xenophobia And Related Intolerance In Sport Across The European Union - Raxen Thematic Study On Cyprus, Nicos Trimikliniotis

Nicos Trimikliniotis

This is a staudy on racism in sport in Cyprus, part of the the RAXEN Network.

There is no comprehensive study, nor is there any systematic system of recording racist incidents and discriminatory practices in sport in Cyprus. To collect the necessary evidence for the purposes of this report the NFP relied on various secondary sources (books, media reports). Additionally, the report draws on interviews as well as extensive information gathering from the persons interviewed (see interview list). There is however some ‘concrete’ evidence in the form of specialised body reports and sanctions against particular clubs imposed by the tribunal …

Rape As A Weapon Of Peace: A Legal And Psycological Analysis Of How The Pervasive Violence Against Women Leads To The Deterioration Of A Country’S Economy, Health And General Welfare., Lucette Pierre-Louis

Lucette Pierre-Louis Ms.

Much has been written about rape and how it has been used as a weapon of war. In Haiti, the subject of rape has falsely been used as a tactic of peace due to the miniscule role of women. Haiti has neglected to take action to prosecute rape offenders since it is an accepted practice and unmentioned silent crime. This paper will use Haiti as a case study demonstrating how a third world underdeveloped country’s lack of protection against women has a direct impact on the viability of the country.